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Crisis and Legitimacy : The Administrative Process and American Government - James O. Freedman

Crisis and Legitimacy

The Administrative Process and American Government

Paperback Published: 3rd November 1980
ISBN: 9780521293808
Number Of Pages: 340

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One of the most striking developments in American history has been the steady growth in the administrative process, to the point that the regulatory agencies of the federal government now affect the lives of more citizens more pervasively than the courts and possibly the Congress. In virtually every relevant respect, the administrative process has become a fourth branch of government, comparable in the scope of its authority and the impact of its decision making to the three more familiar constitutional branches. This book identifies and examines the causes of the enduring sense of crisis associated with the administrative process. This book argues a theory of legitimacy for the administrative process must be created. The author seeks to develop such a theory from the quality of administrative justice, taking as a premise the conviction that the capacity of government to devise fair procedures for the discharge of its decision-making responsibilities is the essence of democratic practice.

Preface
Introduction
Crisis and legitimacy in the administrative process
Sources of crisis in the administrative process
Separation of powers and the American imagination
The departure from judicial norms
Public perceptions and administrative performance
Agency independence and political accountability
Delegation of power and institutional competence
Explaining differences in agency performance
The significance of public attitudes toward agency goals
The significance of institutional capacities and limitations
The relevance of administrative procedure
Administrative procedure and the nature of legitimacy
The nature of the formal administrative process
Defining the idea of 'agency'
The Administrative Procedure Act and enforcement proceedings
The significance of an impartial hearing officer
Separation of functions and the Constitution
Disqualification for bias
The nature of the informal administrative process
The meaning of summary action
Summary action and the Constitution
Summary action as an administrative process
Structuring the use of summary action
Conclusion
The challenge of administrative legitimacy
Notes
Bibliography
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521293808
ISBN-10: 0521293804
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 340
Published: 3rd November 1980
Publisher: CAMBRIDGE UNIV PR
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 1.93
Weight (kg): 0.5

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